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NJ firearms ID > Marijuana conviction

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wiggy1059

Junior Member
What is the name of your state (only U.S. law)? NJ

In 1978 I was charged with a felony possession of marijuana with intent to distribute (controlled dangerous substance) however I plead it down to simple possession and was given a suspended of one year in jail and probation. This happened in Virginia.

Around 1985 I was denied a NJ firearms ID because of the the conviction (and failure to list it on the application.)

I have not had any trouble with the law since. I would like to re- apply. Will I be denied?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
Well it would appear that you are NOT eligible. First off fraudulent filing on the form is an outright bar. Second you are statutorily not eligible. The rule on firearms purchase and the id card reads:

No handgun purchase permit or firearms purchaser identification card shall be issued:

(1) To any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L.1991, c. 261 (C.2C:25-19), whether or not armed with or possessing a weapon at the time of such offense;

Now you have to also understand that New Jersey doesn't use the typical felony/misdmeanor thing like most states. The word "crime" above means any offense that can be punished by a potential of more than six months in jail. That's why the item on the application reads the way it does. Since your offense in Virginia, even though a misdemeanor, had a potential (and in your case ACTUAL) sentence of a year, it's a "crime" as far as NJ is concerned.

Of course, if you ever worked for the state government in Virginia you also would have had to answer YES to this question:

(28) Are you presently, or have you ever been a member of any organization which advocates or approves the commission of acts of force and violence, either
to overthrow the Government of the United States or of this State, or which seeks to deny others their rights under the Constitution of either the United States or
the State of New Jersey? If yes, list name and address of organization(s).​
 

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